§ 30-3-207. Oath and Bond
Every conservator, before exercising authority as conservator, shall take oath to faithfully perform the duties of conservator and to render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. The oath shall be filed with the court. The court […]
§ 30-3-208. Duties
The conservator shall have all the rights, powers, and duties of a guardian of the property as established in title 34, chapters 1 and 2, and an absentee and an absentee’s dependents shall be entitled to all benefits accruing to a ward or a ward’s dependents under those chapters. The court shall have the same […]
§ 30-3-209. Resignation and Discharge
The provision for resignation and discharge of conservators for estates of incompetents as set forth in § 34-4-113 [repealed] shall apply in the chancery or probate court for the resignation and discharge of a conservator appointed under this part.
§ 30-3-210. Termination of Conservatorship
At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney […]
§ 30-4-101. Short Title
This chapter shall be known and may be cited as “The Small Estates Act.”
§ 30-4-102. Chapter Definitions
As used in this chapter, unless the context clearly requires otherwise: “Affiant” means the person executing the affidavit provided for in § 30-4-103; “Court” means the court then exercising probate jurisdiction in the county in which the decedent had legal residence on the date of death; “Person” means an individual, partnership, firm, business trust, corporation […]
§ 30-3-203. Transfer of Property Without Conservatorship
If the spouse of any person defined as an absentee in § 30-3-201(1), or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter […]
§ 30-3-204. Limited Conservatorship for Specific Property
If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under § 30-3-201(1), wishes to sell, lease, or mortgage specific property having a gross value of five thousand dollars ($5,000) or more, owned by the absentee or in which the absentee had an interest, or […]
§ 30-3-107. Search for Absentee Directed by Court
The court, upon application, may direct the receiver to make search for the absentee in any manner which the court may deem advisable, including any or all of the following methods: By inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee’s whereabouts; By notifying officers […]
§ 30-3-108. Final Hearing and Finding
At any time during the proceedings, upon application to the court and presentation of satisfactory evidence of the absentee’s death, the court may make a final finding and decree that the absentee is dead, in which event the decree and a transcript of all of the receivership proceedings shall be certified to the probate court […]